Minto Communities - Permit for activities to achieve an overall benefit to a species

Minto Communities has submitted a proposal for an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The proposal is to construct a new subdivision, including over 800 residential units, commercial development, and related infrastructure in Kanata, Ottawa.

The proposed activities may adversely affect Butternut trees, Blanding’s Turtle and their respective habitats. Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support Ontario’s priority housing projects by building more homes that meet the needs of people in every part of the province.

Protecting species under the Endangered Species Act

Ontario provides protections for species at risk and their habitats under the Endangered Species Act. Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario List as either:

• extirpated
• endangered
• threatened

Butternut is listed as endangered and Blanding’s Turtle as threatened and therefore both are protected.

Under clause 17(2)(c) of the ESA, the minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the minister believes that:

• an overall benefit to the species will be achieved within a reasonable timeframe through the conditions of the permit
• reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
• reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit

Providing an overall benefit to a protected species under the ESA involves improving circumstances for the species in Ontario. Overall benefit is:

• more than “no net loss” or an exchange of “like for like”
• grounded in the protection and recovery of the species at risk
• must include more than mitigation measures or “replacing” what is lost

Actions to achieve an overall benefit to species

Minto Communities is working to identify proposed actions that would achieve an overall benefit to Butternut. These may involve:

• archiving and scion collection from 10 Butternut
• working with a local stewardship program to produce and distribute 1195 Butternut seedlings to be planted

Minto Communities is working to identify proposed actions that would achieve an overall benefit to Blanding’s Turtle. These may involve:

• creating 0.14 hectares of new overwintering habitat as well as enhancing approximately 0.13 hectares of existing habitat along a section of the North Tributary watercourse corridor
• installing permanent fencing along March Valley Road to reduce risks of Blanding’s Turtle road mortality
• conducting monitoring of the Overall Benefit actions undertaken to ensure their effectiveness.

Reasonable alternatives being considered

Minto Communities is considering alternatives, including alternatives that would not adversely affect Butternut and Blanding’s Turtle. These may include:

• not undertaking the development
• proceeding with the development plan, including a 40 m wide corridor of retained habitat surrounding the tributaries of Shirley’s Brook
• proceeding with site development, but expand the proposed 40 m wide corridors of retained habitat to 60 m wide corridors surrounding the tributaries of Shirley’s Brook
• retaining an overland Blanding’s Turtle movement corridor through the development area

The proponent has concluded that the best alternative involves proceeding with site development and employing a 40 m wide corridor of retained habitat surrounding the tributaries of Shirley’s Brook.

This preferred alternative strikes a balance between achieving the objective of the construction project and limiting the adverse effects to Butternut and Blanding’s Turtle.

Actions to minimize adverse effects on the species

Potential approaches to minimize adverse effects on Butternut may include:

• contractor awareness training before beginning work on the site
• marking Butternut trees to be retained to avoid accidental harming or killing of individual trees during project activities
• marking the edge of the tree clearing area to ensure only designated trees are removed
• ensuring that the Critical Root Zone of retained Butternut trees is protected to the extent possible
• ensuring that exhaust fumes from all equipment are directed away from tree canopy
• replacing disturbed area of retained natural features with locally grown native species
• providing homeowner awareness and education packages to educate homeowners on the presence of the species
• monitoring mitigation measures to ensure their effectiveness

Potential approaches to minimize adverse effects on Blanding’s Turtle may include:

• contractor awareness training before beginning work on the site
• installing exclusion fencing to prevent turtles from accessing the development site
• conducting sweeps before vegetation removal
• conducting vegetation removal outside of the active season for Blanding’s Turtle
• installing a suitable wildlife culvert to allow turtles to pass under the new road
• imposing speed limits on construction travel ways to ensure drivers are able to stop safely and avoid hitting turtles
• adhering to a clean equipment protocol to prevent fuel and other harmful substances from entering wetlands and watercourses
• developing and adhering to a spill response plan
• adhering to a species at risk encounter protocol
• utilizing a Qualified Professional to oversee and undertake important aspects of the project (e.g. during dewatering operations, turtle relocations)
• providing homeowner awareness and education packages to educate homeowners on the presence of the species
• monitoring mitigation measures to ensure their effectiveness

Other information

A government response statement to the recovery strategy for both Butternut and Blanding’s Turtle has been published. It will be considered in:

• determining whether or not to approve the permit
• developing any future permit conditions

Posting this proposal on the Environmental Registry does not imply that the Minister will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.